factual

What executive order defines Anti-Terrorism Laws in the Benihana agreement?

Q: What executive order defines Anti-Terrorism Laws in the Benihana agreement?

- 21.9 As used herein, "Anti-Terrorism Laws" means Executive Order 13224 issued by the President of the United States, the Terrorism Sanctions Regulations (Title 31, Part 595 of the U.S. Code of Federal Regulations), the Foreign Terrorist Organizations Sanctions Regulations (Title 31, Part 597 of the U.S. Code of Federal Regulations), the Cuban Assets Control Regulations (Title 31, Part 515 of the U.S. Code of Federal Regulations), the USA PATRIOT ACT, and all other present and future federal, state and local laws, ordinances, regulations, policies, lists and any other requirements of any Governmental Authority (including, without limitation, The United States Department of Treasury Office of Foreign Assets Control) addressing or in any way relating to terrorist acts and acts of war. Source: Item 23 — Receipts (FDD pages 74–576)

Benihana Franchise · 2024 FDD

Answer from 2024 FDD Document

21.9 As used herein, "Anti-Terrorism Laws" means Executive Order 13224 issued by the President of the United States, the Terrorism Sanctions Regulations (Title 31, Part 595 of the U.S. Code of Federal Regulations), the Foreign Terrorist Organizations Sanctions Regulations (Title 31, Part 597 of the U.S. Code of Federal Regulations), the Cuban Assets Control Regulations (Title 31, Part 515 of the U.S. Code of Federal Regulations), the USA PATRIOT ACT, and all other present and future federal, state and local laws, ordinances, regulations, policies, lists and any other requirements of any Governmental Authority (including, without limitation, The United States Department of Treasury Office of Foreign Assets Control) addressing or in any way relating to terrorist acts and acts of war.

Source: Item 23 — Receipts (FDD pages 74–576)

What This Means (2024 FDD)

According to Benihana's 2024 Franchise Disclosure Document, the definition of "Anti-Terrorism Laws" includes Executive Order 13224 issued by the President of the United States. This order is part of a broader definition that also encompasses the Terrorism Sanctions Regulations, the Foreign Terrorist Organizations Sanctions Regulations, the Cuban Assets Control Regulations, the USA PATRIOT ACT, and all other present and future federal, state and local laws related to terrorist acts and acts of war. This definition extends to requirements of any Governmental Authority, including the United States Department of Treasury Office of Foreign Assets Control.

Benihana requires franchisees to comply fully with these Anti-Terrorism Laws and assist Benihana in its compliance efforts. Franchisees are prohibited from hiring or dealing with any person listed on the SDN (Specially Designated Nationals) List, which is subject to modifications. It is the franchisee's responsibility to determine the necessary actions to comply with all Anti-Terrorism Laws.

Furthermore, the franchise agreement stipulates that the franchisee's indemnification obligations apply to their responsibilities under these anti-terrorism provisions. Any misrepresentation or violation of Anti-Terrorism Laws by the franchisee, their owners, principals, or employees, constitutes grounds for immediate termination of the agreement without any opportunity to rectify the situation. This clause underscores the critical importance Benihana places on adherence to these laws and the severe consequences for non-compliance.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.

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